Federal Law On Merchant Shipping Organization Of Working Time Of Seafarers

Ata Atun, Clelia Theodolou, Other Committee Members

Foundation
Agreement

Annex III, Attachment 11, Law 49

FEDERAL LAW
ON MERCHANT SHIPPING (ORGANISATION OF WORKING TIME OF SEAFARERS)

For the purposes of harmonisation with the
Community Acts referred to as -

(a)
"Directive 1999/63/EC of the Council of 21 June
1999 concerning the Agreement on the
organisation of working time of seafarers
concluded by the European Community Shipowners´
Association (ECSA) and the Federation of
Transport Workers´Union (FST)" (OJ L 167 of
02.07.1999, p. 33), and

(b)
"Directive 1999/95/EC and of the European
Parliament and of the Council of 13 December
1999 concerning the imposition of provisions in
respect of seafarers´ hours of work on board
ships calling at Community ports" (OJ L 14 of
20.01.2000, p. 29), and

(c) Article 17b of "Directive 93/104/EC of
the Council of 23 November 1993 concerning
certain aspects of the organisation of working
time "(OJ L 307 of 13.12.1993, p. 18), as last
amended by Directive 2000/34/EC of the European
Parliament and of the Council of 22 June 2000
(OJ L 195 of 01.08.2000, p. 41),

PART I – INTRODUCTORY PROVISIONS

Short title.

1. This Law may be cited as the Federal Law on
Merchant Shipping
(Organisation of Working Time of Seafarers) of
2004.

Interpretation.

2. In this Law, unless the context otherwise requires-

“Convention No. 180 of the ILO” means the
International Labour Organisation Convention No.
180, done in 1996 concerning Seafarers' Hours of
Work and the Manning of Ships;

(a) In the shipping register of Cyprus ships
and it hoists the flag of Cyprus, based on the
provisions of the Federal Law on Merchant
Shipping (Registration, Sales and Mortgages), or

(b) in the Registry that is kept by the
Directorate pursuant to the Federal Law on the
Recording and Control of Small Vessels.

"Directorate"
means the Directorate of Maritime Affairs of the
Department;

"Director" means the Head of the Directorate;

“fishing vessel” means any fishing vessel which
is used for commercial maritime operations for
catching fish or other living resources of the
sea;

“ Gazette” means the federal Official Gazette;

"hours of rest” means the time outside the hours
of work and outside the
short breaks;

"hours of work" means the time during which a
seafarer is required to do
work on account of the ship or the fishing
vessel, as the case may be;

"inspection" means any act of an surveyor based
on section 21 aiming at the monitoring of
compliance on board the ship or the fishing
vessel of the relevant provisions of this Law;

"inspector of ships" means any person which is
referred to in section 21(1)(a)(ii);

"master" means the person who has command of a ship or a fishing vessel;

"member state" means a member state which is a
Contracting Part to the Agreement on the
European Economic Area which was signed in Porto
on the 2nd of May 1992, as it was
modified by the Protocol which was signed in
Brussels on the17th of May 1993 as amended
from time to time;

"Member" means the member
of the Presidential Council heading the
Department;

"operator of a ship" or "operator of a fishing
vessel"means the owner or any other person, such
as the manager or the bareboat charterer of a
ship or of a fishing vessel, as the case may be,who has taken the responsibility for the
operation of the ship, or the fishing vessel, as
the case may be,from the owner and by assuming such
responsibility has agreed to assume all duties
and obligations imposed for the purposes of this
Law;

"owner"
means the person who owns the ship or a share
therein and is registered as such in the
Register of Ships of the flag state; ;

"Protocol to ILO Convention No 147"means the Protocol of 1996 of the
International Labour Organisation concerning the
Merchant Shipping (Minimum Standards)
Convention, 1976;

"seafarer" means any person who is employed or
engaged in any capacity on board a seagoing ship or seagoing fishing vessel, and includes the master;

"seagoing ship" means ship and "seagoing fishing
vessel" means fishing vessel , but these terms
do not include ships and fishing vessels ,
respectively, which are engaged exclusively -

(a)
in inland
waters or in waters within, or closely adjacent
to, sheltered waters, in a distance not greater
than three nautical miles from the nearest coast
of Cyprus, or

(b) in
areas where port regulations apply;

"ship" includes every
description of vessel used in navigation not
propelled by
oars; ;

"surveyor" means any person which is referred to in
section 21(1)(a);

"third country" means a country that is not a
member state;

"week" means the time period of seven days
beginning at 00:01 hours of Monday and expiring
at 24:00 hours of next Sunday (local times).

Exercise of powers and implementation of duties based on the present Law
or on regulations.

3.-(1) The Member has power to delegate in writing to the Director or to
a surveyor or to a person serving at the
Directorate, the exercise of any power, except
for the power of issuing notices, as well as the
implementation of any duty, granted and assigned
to him, respectively, by this Law or by
Regulations issued under it.In case of such delegation, the Member
maintains the power to practise such delegated
power and to execute such a delegated duty, from
the time and during such delegation.

(2) The Director has the power to
delegate in writing to a surveyor or to a person
serving at the Directorate the exercise of any
power and the implementation of any duty granted
and assigned to him , respectively, bythis Law or by the Regulations issued
under it.

In case of such delegation, the Director keeps
the power to practise a power so delegated and
to execute a duty so delegated, from the time
and during such delegation.

(3)(a)
Any person, assigned with the exercise of power
or the execution of a duty pursuant to
subsection, (1), shall exercise the power and
execute such duty, in accordance with any
instructions given to him by the Member.

(b)Anyperson assigned with the exercise of
power or the execution of a duty pursuant to
subsection (2), shall exercise the power and
execute the duty in accordance with any
instructions given to him by the Director.

(4)The Member and the Director each have
power to modify and recall a delegation that
they did, pursuant to subsections (1) or (2),
respectively, by notification in writing to the
person to whom the delegation was made.

(5)The Member has power ex officio to
exercise a power and to execute a duty, that
this Law or the Regulations issued under it,
grant andassignrespectively, to the Director. In case
that the Member acts in such manner, the
Director and every person to whom a delegation
was made according to subsection (2), maintain
the power of exercising such power and executing
such duty, that is related to the act of the
Member.

(6) In case that, according to this
section, two or more persons simultaneously
exercise the same power or execute the same
duty, the person who is the hierarchically
inferior of the persons in question, takes the
required measures so that he does not exercise
the power or execute the duty in the same
factual situation with the person who is
hierarchicallysuperior to him, unless the latter allows
him to do so and according to any directions
given by the latter.

(7) In case that, according to this
section, a person exercises a power or executes
a duty, that this Law or the Regulations issued
under it , grant or assign, respectively, to
another person, this Law and the Regulations
issued under it, are applicable as if they had
explicitly granted the power in question to the
person exercising it and had explicitly assigned
the duty in question to the person executing it.

PART II - ORGANISATION OF
WORKING TIME OF SEAFARERS ON BOARD SEAGOING
VESSELS

Scope of application

of this Part.

4.-(1)
The provisions of this Part are applicable -

(a) to every Cyprus ship, wherever that
may be, whetherpublicly or privately
owned, and which is ordinarily engaged in
commercial maritime operations, and

(b)
to seafarers on board such a ship.

(2) The
provisions of this Part, with the exception of sections 10,11,12,
and 13, are applicable -

(a) to every seagoing ship, which hoists the
flag or is registered in the territory of a
member state other than Cyprus, is ordinarily
engaged in maritime commercial operations and
has called in a port of Cyprus, and

(b) to the seafarers on board such a ship.

(3) The
provisions of this Part, with the exception of
sections 10,11,12 and 13, are applicable -

(a) to every seagoing ship, which hoists the
flag or is registered in the territory of a
third Country, is ordinarily engaged in maritime
commercial operations and has called in a port
of Cyprus, and

(b) to
the seafarers on board such a ship.

(4)In the event of doubt as to whether or
not any ships are to be regarded as seagoing
ships or engaged in commercial maritime
operations for the purposes
of
this
Law, the question shall be determined:

(a) If the ship is a Cyprus ship, by a
written and reasoned decision of the Director
following his consultation with the
Organisations of the Shipowners and Seafarers
involved, and

(b) if the ship is not a Cyprus ship, by the
written decision of the Competent Authority of
the State whose flag it flies.

(5) In
case of a criminal prosecution for non
compliance with this Part, any of the decisions
referred to in subsection (4), constitutes a
prima facie evidence that the ship reported in
the decision, comes within the scope of
application of this Part.

Normal schedule of work and
rest of seafarers on board the ship.

5.-(1)(a) The operator of the ship determines, subject to the following
subsections of this section, the normal working
hours standard of seafarers on board the ship.
In principle this is based on the following
model: an eight hour working day with one day of
rest per week and rest on public holidays.

(b) A collective
agreement, which may be concluded, may determine
the seafarers' normal working hours standard, on
another model than the one mentioned under
paragraph (a), under the following conditions:

(i)
the modelforeseen in the said collective
agreement, is as favourable as the one mentioned
under paragraph (a), and

(ii)
the relevant provisions of the said
collective agreement are approved by the Member.

(2) The operator of the
ship shall ensure that the seafarers on board
the ship enjoy the following right:
the minimum hours of
rest shall not be less than ten hours in
any 24 hour period and 77 hours in any seven-day
period.

(3) The operator of the ship shall ensure
that the seafarers on board the ship enjoy the
following rights:

(a)
In any 24 hour period, the hours of rest
shall be divided into no more than two periods,
one of which shall be at least six hours in
length, the interval between consecutive periods
of rest shall not exceed 14 hours;

(b) musters,
fire-fighting ,lifeboat drills, including those
with rescue boats, as well as the drills, which
are prescribed by legislation in force from time
to time,
shall be conducted in a manner that minimises
the disturbance of rest periods and does not
induce fatigue;

(c) in respect of situations when a seafarer
is on call, such as when a machinery space is
unattended, the seafarer shall have an adequate
compensatory rest period if the normal period of
rest is disturbed by call-outs to work.

(4)
It is allowed in a
collective agreement, which may be concluded, to
make exceptions from the limits
set out in subsections (2) and (3)(a), under the
following conditions:

(a)
the said collective agreement, has due
regard for the general principles of the
protection of health and safety of workers , and

(b) the provisions making the exceptions, of
the said collective agreement are approved by
the Member.

The abovementioned provisions must, as far as
possible, respect the rights of the seafarers
set out in this section, but may provide for
more frequent or longer leave periods, or
the granting of compensatory leave for
watchkeeping seafarers or seafarers working on
board ships on short voyages.

Annex I

(5) The operator of
the ship, shall ensure that a table, which is
established in accordance with the standard set
out Annex I, or in accordance with any other
equivalent standard, is posted, in an easily
accessible place. This table shall contain the
shipboard working arrangements, on board the
ship and shall contain for every position at
least:-

(a)
the schedule of service at sea and service in port; and

(b) the minimum
hours of rest, in accordance with this section.

The table shall be established in a standardised
format
in the working language or languages of the ship
and in English.

Minimum age limit of
seafarers working on

board the ship

6 (1)
The operator of the ship shall ensure that-

(a)
no person under the age of 16 years of
age shall work on board the ship, and

(b)
seafarers of at least 16 years of age but
under 18 years of age, shall not work at night.

(2)
The operator of the ship, is entitled not to
comply with the provisions
of
subsection (1)(b)
if
the effective training of seafarers of at least
16 years of age but under 18 years of age would
be impaired. The training is conductedin accordance with
established programmes andworking schedules.

(3)For the purposes
of subsection (1) (b), "night" means a period of
at least nine consecutive hours, including the
interval from midnight to five a.m. (local hour).

Emergency hours of work for seafarers on board
for the guarantee of marine safety.

7.-(1) Notwithstanding the provisions in section 5 ,
the master of a ship shall have the right to
require a seafarer on board to perform any hours
of work necessary, with relation to the
following:

(a)
for the immediate safety of the ship, the persons on board or the cargo;

(b) for giving assistance to other ships or
persons in distress at sea.

(2)In accordance with
subsection
(1), the master may suspend the schedule of
hours of rest, which is stipulated in the table
referred to
in section 5(5)andrequire a seafarer to perform any hours
of work necessary,
until the normal situation has been restored.

(3) As soon as practicable after the
normal situation has been restored, the master
of the ship shall ensure that any seafarer who
have performed work in a scheduled rest period,
in accordance with subsection (2),are provided with an adequate period of
rest.

Keeping records of
seafarers’ daily hours of rest.

8.-(1) The
operator of the ship, shall ensure the
following-

(a)the keeping of a Registry on board, which
is established in the languages referred to in
section 5(5)-

Annex II.

(i)
in which, the
seafarers’ daily hours of rest shall be maintained for five
years, and

(ii)
which allows the monitoring of compliance
with section 5(2) to (5), and

(iii)
which is established according to the
standard set out in Annex II or an equivalent
standard;

(b)
that every seafarer
receives a copy of the
records of the Registry
pertaining to him, which shall be endorsed
either
by
the master, or a person authorised by the
master, and by the seafarer;

(c)
the keeping of a copy of thisLaw and of the collective agreements,
referred to in section 5(1) and (4) which
concern the seafarers on board the ship, in a
place on board the ship easily
accessible to the crew.

(2) The Director shall
ensure the examination and endorsement at
appropriate intervals, of the Registries
referred to in subsection (1), which are kept on
board Cyprus ships, in order to monitor
compliance with the provisions of this Part
governing hours of rest.

Manning of the ship.

9. The
operator of the ship, shall ensure
that-

(a)
when determining, approving or revising manning
levels, it is necessary to take into account the need to avoid or minimise,
as far as practicable, excessive hours of work,
to ensure sufficient rest and to limit fatigue;

(b)
if the Registry referred to in section 8 or any other evidence, indicate infringement of the provisions of this Law
governinghours of work or hours of rest, measures,
including if necessary the revision of the
manning of the ship, shall be taken so as to
avoid future infringements;

(c)
sufficient, safe and effective manning of
the ship, in accordance with the Federal Law on
Merchant Shipping (Safe Manning, Hours of Work
and Watchkeeping) of 2004 and any secondary
legislation issued under it.

Health of seafarers on
board the ship and their fitness for work
certificate.

10.-(1)
The operator of the ship, shall ensure that-

(a)all seafarers on board the ship shall have regular health assessments for
which the costs will burden the operator of this
ship,

(b) all seafarers shall possess a valid
medical certificate attesting to their fitness
for the work for which they are to be employed
at sea.

(2)
Notwithstanding the provisions of sections 3 and
9 of the Federal Law on Merchant Shipping
(Medical Examination of Seafarers and Issue of
Certificates) of 2004, Parts II and III of the
Federal Law on Merchant Shipping (Medical
Examination of Seafarers and Issue of
Certificates) of 2004 shall be applicable for
purposes of this Part.

(3)(a) The operator of the ship, shall ensure that seafarers on board the ship
who are employed as watchkeepers, and are
suffering from health problems certified by a
medical practitioner as being due to the fact
that they perform night work, shall be
transferred, wherever possible, to day work for
which they are suitable.

(b)For the purposes of paragraph (a) the
term “night” shall have the meaning attributed
to it, in section 6(3).

(4)(a)
No person shall disclose the results
of the health assessment which is conducted
under paragraph (1) to any other person than the
seafarer concerned.

(b) A
person who acts in contraction of paragraph (1)
shall commit an offence and shall be liable to a
sentence of imprisonment not exceeding twelve
months or to a fine not exceeding four thousand
pounds or to both such sentences.

(c) In case of criminal prosecution for an
offence under paragraph (b), it shall constitute
a defence for the person accused to prove that
he revealed the results of the medical
examination to another person other than the
seafarer concerned-

(i)with the written
consent of the seafarer in question, or

(ii)following the death of the seafarer in
question, or

(iii)for the purpose ofproof in criminal or civil proceedings
before a court of competent jurisdiction.

Briefing of Director
regarding seafarers working on board at night

11.-(1) The Director has the power to demand,
directions in writting, and to receive, within a
reasonable deadline set by him in the direction,
information on watchkeepers and other night workers on board the ship
from the operator of the ship.

(2) The person to whom the demand for
information is addressed according to subsection
(1), shall commit a criminal offence, in case
such person-

(a) withholds, destroys or forges the true
information requested, or

(b) denies to provide the Director with the
required information thathe possesses, or

(aa) in
case of a first offence, in a sentence of
imprisonment not exceeding six months or to a
fine not exceeding two thousands pounds or to
both such sentences;

(bb) in
case of a subsequent offence, in a sentence of
imprisonment not exceeding twelve months or to a
fine not exceeding four thousands pounds or to
both such sentences.

(3)In case ofa criminal prosecution for an offence
according to subsection (2), concerningthe provision of false, insufficient,
inaccurate or misleading information, it shall
constitute a defence for the person accused to
prove that he provided the information in good
faith and without knowing that the information
so provided was false, insufficient, inaccurate
or misleading.

Protection of safety and
health of seafarers on board the ship.

12.-(1) The operator of a ship shall ensure that -

(a) the seafarers on board the ship enjoy
protection with regard to theirhealth and their safety, proportional to
the nature of their work;and

(b) the services and the protection measures
and prevention in the sector of safety and
health of the seafarers of the ship, working at
night are equivalent with the corresponding
services and the measures that concern the
seafarers of the ship which work during the day;
and

(c) the services and the protection measures
and prevention in the sector of safety and
health of the seafarers of the ship, which work
duringthe day or the night are available at all
times .

(2) For the purposes
of subsection (1), the term "night" has the
meaning attributed to it in section 6(3).

Annual
paid
leave of seafarers on board the ship and
exercise of their rights.

13.-(1) Every seafarer on board the ship shall be entitled to annual
paid leave-

(a) for a period of at least four weeks, or

(b) for a proportional part of the
abovementioned period, in case theperiod of employment is less than a year,

in accordance with the conditions for
entitlement to , and granting of such leave
provided for in the relevant legislation from
time to time in force, in collective agreements
and by practice.

(2)
The minimum period of annual paid leave may not
be replaced by an allowance in lieu, except
where the employment relationship is terminated.

(3)
The operator of a ship shall ensure that the
seafarers of the ship enjoy the rights set out
in subsections (1) and (2).

(4) In cases where a seafarer on board a
ship, is eligible to hours of rest or annual
leave, during any time period, in accordance
with the provisions of this Part or any legal
provision from time to time in force or a clause
in the contract of employment or work the
seafarer does not have the right to exercise the
two rights separately, but is entitled to enjoy,
during the said period of hours of rest or
annual leave, according to which of the two
rights mentioned before, is the most favourable
for him.

Conformity with

the requirements of the
present Part.

14. The operator of the ship shall provide the master of the ship the
necessary resources for the purpose of complying
with the obligations set upon both of them under
the provisions of this Part. The master of the
ship shall take all necessary measures to ensure
that the seafarer’s hours of work and rest on
board the ship, as set out in provisions of the
present Part, are complied with.

PART III
– ORGANISATION OF WORKING TIME OF

SEAFARERS
ON BOARD SEAGOING FISHING VESSELS

Scope of application

this Part.

15.-(1)
The provisionsof this Part are applied -

(a)
to every Cyprus fishing vessel, wherever that
may be, and

(b) to the seafarers of such a vessel.

(2) In
cases of doubt as to whether or not , for the
purposes of this Law -

(a) a vessel is a fishing vessel, or

(b)
a fishing vessel is a seagoing or a
Cyprus vessel,

the matter shall be resolved by a written and
reasoned decision of the Director of the
Fisheries Department.

(3) In case of a criminal prosecution for
non compliance with this Part, the decision of
the Director of the Fisheries Department, in
accordance with subsection (2), shall constitute
prima facie evidence that the fishing vessel,
which is reported in the decision, comes under
the scope of application of this Part.

Special arrangements for
seafarers on board fishing vessels.

16. Notwithstanding the provision excluding from
the scope of the legislation from time to time
in force in Cyprus aiming at the harmonisation
with Directive 93/104/EEC
of the Council of 23 November 1993 concerning
certain aspects of the organisation of working
time "(OJ L 307 of 13.12.1993, p. 18), as last
amended by Directive 2000/34/EC of the European
Parliament and of the Council of 22 June 2000
(OJ L 195 of 01.08.2000, p. 41), the Provisions of
the abovementioned legislation shall be
applicable to seafarers on board fishing
vessels, with the exception of the provisions of
the said legislation aiming at harmonisation
with articles 2(4), 4, 5, 6(1), 8(1), to (3) and
8(2) of the abovementioned Directive.

Normal working and resting
hours standard of seafarers on board a fishing
vessel.

17.-(1) The operator of a fishing vessel shall
determine the normal working hours standard of
seafarers on board a fishing vessel, subject to
the following subsections of this section.

(2)
The operator of a fishing vessel shall ensure
that the seafarers on board a fishing vessel are
entitled to the following rights:

(a)
the seafarers on board a fishing vessel are
entitled toadequate rest;

(b)
to limit the number of hours of work to
48 per week on average calculated over a
reference period not exceeding 12 months.

(3)The operator of a fishing vessel shall
ensure that in view of the need to protect the
safety and health of the seafarers of the
fishing vessel, the seafarers concerned are
entitled to the following right:
the
minimum hours of rest shall not be less than
10 hours in any 24-hour period, and 77
hours in any seven-day period.

(4)
The operator of a fishing vessel shall ensure
that the seafarers on board a fishing vessel are
entitled to the following right: the hours of
rest may be divided into no more than two
periods, one of which must be at least six hours
in length, and the interval between two
consecutive periods of rest shall not exceed 14
hours.

(5)(a) Exceptions from the limits set out in
subsections (2), (3), and (4), including the
establishment of the reference limits provided
for in subsection (2)-

(i)may be laid down by means of a notice
issued by the Member, under the condition that
they comply with the conditions stated in
accordance with paragraphs (b) and (c); or

(ii)in
cases where no such notice exists, such
exceptions may be laid down either by a
collective agreement, or in cases where no such
collective agreement exists, then at the level
of the fishing vessel, in consultation, between
the operator of the fishing vessel (hereafter
“the employer”) and the representatives of the
seafarers of the fishing vessel, under the
condition that they comply with the conditions
set out in paragraph (c).

(b)
The Member has the power to issue the
said notice referred to in paragraph (a)(i),
only if before its issuance the Member-

(i)where possible, had a consultation with
the representatives of the employers and
seafarers concerned, and

(ii)made an effort to encourage all relevant
forms of social dialogue.

(c)
The exceptions set out in accordance with
paragraph(a), either through a notice of the
Member, or a collective agreement or by
consultation between the employer and the
representatives of the seafarers concerned, are
only valid if-

(i)they take sufficiently into
consideration, the general principles of the
protection of the health and safety of
seafarers, which are set out in accordance with
the Federal Law on Merchant Shipping (MinimumSafety and Health Requirements for Work
on Board Cyprus Fishing Vessels) 2004 and in
accordance with any secondary legislation issued
under it and in force from time to time, and

(ii)
they comply as far as possible with the
seafarers rights as these are provided for in
this section; without prejudice as to their
validity, the abovementioned exceptions may
provide for more frequent or longer leave
periods or the granting of compensatory leave
for the seafarers.

Emergency hours of work for

18. The master of a seagoing fishing vessel shall have the right to
demandthatany seafarer on board, shall perform as
many hours of

seafarers on board a
fishing vessel for the guarantee of marine
safety.

work necessary for any of the following purposes-

(a)the immediate safety of the fishing
vessel, the persons on board or the cargo; or

(b)this giving of assistance to other
vessels or persons in distress at sea.

Annual paid leave of
seafarers on board the fishing vessel

19.Every seafarer on board
a fishing vessel, for which thelegislation from time to time in force or
the practice, determines that it shall not be
allowed to operate in a specific period of the
calendar year which exceeds one month, shall
take the annual leave, which he is entitled to,
in accordance with the relevant provision of the
legislation form time to time in force aiming at
harmonisation with article 8 of Directive
93/104/EEC of the Council of 23 November 1993 concerning
certain aspects of the organisation of working
time "(OJ L 307 of 13.12.1993, p. 18), as last
amended by Directive 2000/34/EC of the European
Parliament and of the Council of 22 June 2000
(OJ L 195 of 01.08.2000, p. 41).

PART IV – CONTROL MECHANISMS – PORT STATE CONTROL
WITH RESPECT TO THE HOURS OF WORK AND REST OF
SEAFARERS ON BOARD SEAGOING SHIPS AND SEAGOING
FISHING VESSELS

Scope of application of

the present Part

20.-(1) The provisions of this Part shall apply in
relation to -

(a)
Cyprus ships, which fall within the scope of
application of Part II in accordance with the
provisions of section 4(1); and

(b)ships, flying the flag or registered in the
territory of a member state, which fall within
the scope of application of Part II in
accordance with the provisions of section 4(2);
and

(c)ships, flying the flag or registered in
the territory of a third state, which fall
within the scope of application of Part II in
accordance with the provisions of section 4(3);
and

(d)Cyprus fishing vessels, which fall within the
scope of application of Part III in accordance
with the provisions of section 15(1); and

(e)the seafarers of every ship or fishing vessel,
referred to in paragraphs (a), (b), (c) and (d).

(2)
In this Part-

“relevant fishing vessel” means a fishing vessel
for which the provisions of this Part shall
apply, in accordance with the provisions, of
subsection (1)(d);

“relevant ship” means a ship for which the
provisions of this Part shall apply in
accordance with the provisions contained in
subsections (1)(a), (b) and (c).

Powers of surveyors

21.-(1)(a)The powers conferred by this section,
with respect to the survey of a relevant ship
and a relevant fishing vessel, are conferred to-

(i)any surveyor appointed by the
Presidential Councilunder section 3(2)(a) of the Federal Law
on Merchant Shipping (Registration of Ships,
Sales and Mortgages) of 2004, and

(ii)any inspector of ships appointed by the
Presidential Council under section 3(2)(b) of
the Federal Law on Merchant Shipping
(Registration of Ships, Sales and Mortgages) of
2004.

(b) For the purpose of paragraph (a), section
3(2) of the Federal Law on Merchant Shipping
(Registration of Ships, Sales and Mortgages) of
2004 shall apply as if the phrase “for the
purposes of this Law and of the Code”, contained
in each of the paragraphs (a) and (b) of the
said section, had been replaced by the phrase
“for the purpose of this Law, the Code and the
Federal Law on Merchant Shipping (Organisation
of Working Time of Seafarers) of 2004”.

(2) For the purposes of determining the
conformity of any obligation deriving from
either Parts II or III, or the Regulations or
notice issued under this Law, every surveyor has
the power at any reasonable time (or, in case he
reasonably believes that this would involve
danger, at any time) -

(a)to stop, enter, survey and
inspect any relevant ship or relevant fishing
vessel, whether this is moored or is afloat, as
well as the seafarers of the relevant ship or
relevant fishing vessel; and

(b)to examine any evidence,
recorded in any computerised, electric or
electronic data system and any books and
documents which are on board a relevant ship or
relevant fishing vessel, for which he has
reasonable cause to believe they contain
information or records relating to any
obligation which derives as mentioned above, and
to copy and photocopy, and to remove any copies,
photocopies and their extracts, under the
condition that, with respect to the extracts, he
has reasonable cause to believe that these
extracts might be needed as evidence in any
criminal proceedings with respect to any
contravention or omission to comply with this
Law or the Regulations or notice, issued under
it; and

(c)to enter any relevant ship or relevant
fishing vessel-

(i)accompanied by any other
person, whose presence he deems necessary for
any purpose for which he carries out the powers
under subsections (2) or (3), and

(ii)bringing with him any
equipment or materials, which he deems necessary
for any purpose for which he carries out the
powers under subsections (2) or (3).

(3) The operator of a relevant ship or relevant
fishing vessel, and the master or any other
seafarer of such ship or fishing vessel, each
have the duty to provide the surveyor, if the
latter reasonably requests this with-

(a)any facilitation, and

(b)any information, and

(c)a signed statement as to
the truth of the information given to the
surveyor,

the said surveyor has the power to demand and
receive such facilitation, information and
statement.

(4)Each surveyor, prior and at the time of
exercising the powers conferred on him under
subsections (2) and (3), must upon being
requested to do so, show his identification
document which is issued by the Member under the
Federal Regulations on Merchant Shipping
(Identification Documents of Surveyors and
Inspectors) of 2004, as amended or replaced from
time to time.

(5)
A shall person commit a criminal offence if such
person-

(a)refuses or omits to comply
with any obligation, imposed on him under
subsection (3);

(b)without prejudice to the generality of paragraph (a),
withholds, destroys or alters information,
statements, details, books or documents, or
gives a surveyor false, incomplete, imprecise or
misleading information, statements, details,
books or documents or denies to give a surveyor
information, statements, details, books or
documents, such information, statements,
details, books or documents having been
requested by the surveyor during the exercise of
the powers conferred on him by this section,

and shall be liable-

(aa)in case of a first
conviction, to imprisonment not exceeding six
months or to a fine not exceeding two thousand
pounds[1] or to both
such sentences;

(bb)in case of a subsequent offence, to imprisonment not
exceeding twelve months or to a fine not
exceeding four thousand pounds[2] or to both
such sentences.

(6) In the case of a
criminal prosecution for an offence under
subsection (5)-

(a)with respect to the denial
or omission to comply with an obligation imposed
under subsection (3), it is a defence for the
accused if he proves that he had reasonable
cause for the said denial or omission;

(b)with respect to the
giving of false, incomplete, imprecise or
misleading information, statements, details,
books or documents it is a defence for the
accused if he can prove that he gave the
information, statement, records, book or
document in good faith and without knowledge
that the given information, statements, details,
books or documents was false, incomplete,
imprecise or misleading

(7) Each surveyor, who conducts a survey under
this section or exercises a duty in accordance
with section 22, in relation to a ship
registered in the territory or flying the flag
of a state which has not signed ILO Convention
No.180 or the Protocol to ILO Convention No.147,
must take the necessary measures so that the
treatment given to the said ship and its crew
during the survey or the exercise of the duty is
no more favourable than that given to a ship
flying the flag of a state which is a party to
the said Convention or the said Protocol or to
both of them.

Duties of surveyors

with respect

to vessels.

22.-(1)
In case a surveyor is either instructed by the
Director to determine the truth of a complaint
lodged in accordance with section 23, relating
to a relevant ship or otherwise he has
reasonable cause to believe that there is a
contravention of any of the provisions of Part
II with respect to a relevant ship, he shall
conduct a survey of the said ship in accordance
with section 21 to determine whether-

(a)the table referred to in
section 5(5) has been established, drafted and
posted, in accordance with the provisions of
that section; and

(b)a register as referred to
in section 8(1)(a) is kept in accordance with
the provisions of that section; and

(c)there is evidential proof
of the proper inspection of the said register
by-

(i)a surveyor, in case the
relevant ship is a Cyprus ship, or

(ii)the competent authorities
of the State in whose territory the relevant
ship is registered, in case the said ship is not
a Cyprus ship.

(2) In case a
surveyor is either instructed by the Director to
determine the truth of a complaint lodged in
accordance with section 23 relating to the
relevant ship or otherwise he has reasonable
cause to believe that a seafarer of the relevant
vessel is unduly fatigued, he shall conduct a
survey of the said ship in accordance with
section 21, which is more detailed than the one
referred to in subsection (1), in order to
determine whether the hours of rest recorded in
the register referred to in section 8(1)(a)-

(a)conform with the provisions
of Part II, and

(b)has been duly kept, taking
into account other records relating to the
operation of the said ship.

Lodging of complaint to
Director for breach of

Part II or III.

23.-(1) Each one of the following is entitled to
lodge a complaint to the Director in the form of
information or report, with respect to a breach
of any of the provisions of Part II relating to
a relevant ship or with respect to a
contravention of any of the provisions of Part
III relating to a relevant fishing vessel:

(a)a seafarer of the relevant ship or
relevant fishing vessel;

(b)a professional body, association and
trade union, each one being lawfully established
and constituted, by law or under its memorandum
of association, with a sufficient interest in
the safety of the relevant ship or the relevant
fishing vessel, in particular as regards the
safety or health of the seafarer of the said
ship or fishing vessel;

(c)generally, any other person
having the same interest in the safety of the
relevant ship or relevant fishing vessel, in
particular as regards the safety or health of
the seafarers of the said ship or fishing
vessel.

(2) In the case of lodging of a complaint to the
Director under subsection (1), the Director
shall ensure that the identity of the person
lodging the complaint is neither revealed to the
master of the relevant ship or the relevant
fishing vessel, to which the complaint relates,
nor to operator of the said ship or fishing
vessel.

(3) A surveyor or public servant, who discloses
to the master or the operator of the relevant
ship or relevant fishing vessel, the identity of
the person lodging the complaint relating to the
said ship or fishing vessel-

(a)commits a criminal offence
and is liable to a fine not exceeding two
thousand pounds; and

(b)commits a disciplinary
offence which is punishable-

(i)in the case of a public
servants, in accordance with the Federal Law on
Public Service,

(ii)in the case of an inspector
of ship, with the termination of his services as
inspector by the Member.

Taking corrective measures
in contravention

to Part II.

24.-(1)Where-

(a)A complaint has been submitted by the Director by
virtue of section 23 regarding any contravention
of any of the provisions of Part II, in relation
to a relevant ship which is not a Cyprus ship,
complaint which the Director finds to be well
–founded, or

(b)The Director has reasonable
grounds for believing, either following a survey
carried out by a surveyor by virtue of section
21 or otherwise, that any contravention has
occurred in relation to any of the provisions of
Part II, regarding a ship which is not a Cyprus
ship,

the Director prepares a report on the
contravention which he forwards to the
government of the state with which the said ship
is registered.

(2) Where the Director ascertains,
following a survey conducted by virtue of
section 21, during which the surveyor acted in
accordance with the provisions of section 22(1)
or (2), that a contravention of any of the
provisions of Part II has occurred in relation
to-

(a)a relevant Cyprus ship
wherever it may be, or

(b)a relevantship which is not a Cyprus ship while at
a port of Cyprus during its ordinary course of
commercial activities or for operational
purposes,

the Director
has the power and duty to take, at his
discretion, all reasonable measures in order to
recover any conditions on board the relevant
ship which endanger the safety or health of the
seafarers of the said ship.

(3) Where the surveyor ascertains,
following a survey conducted by virtue of
section 21 and while acting in accordance with
the provisions of section 22(1) or (2), that a
contravention of any of the provisions in Part
II has occurred in relation to-

(a)a relevant Cyprus ship
wherever it may be, or

(b)a relevant ship which is
not a Cyprus ship while at a port of Cyprus
during its ordinary course of commercial
business or for operational purposes,

the surveyor -

(aa)
prepares a relevant report which he
forwards to the master of the relevant ship whom
he calls to his defence and has the power, if he
finds it reasonably necessary to do so, to
prohibit the sailing of the relevant ship in
accordance with the provisions of section 26-

(i)until any conditions on
board the relevant ship which endanger the
safety or health of the seafarers of the said
ship are restored, or

(ii)until the seafarers of the
relevant ship are adequately rested; and

(bb)
if he ascertains, following the
abovementioned survey, that the seafarers of the
said ship engaged in watchkeeping for the first
or subsequent watches are fatigued beyond the
expected, the surveyor prepares a relevant
report which he forwards to the master of the
relevant ship whom he calls to his defence and
has a duty to prohibit the sailing of the
relevant ship in accordance with the provisions
of section 26-

(i)until any conditions on
board the relevant ship which endanger the
safety or health of the seafarers of the said
ship are restored, or

(ii)until the aforementioned
fatigued seafarers of the relevant ship are
adequatelyrested.

Taking corrective measures in contravention

of Part III.

25. Where the surveyor ascertains, following a
survey prepared by virtue of section 21, that
any contravention has occurred of any of the
provisions of Part III in relation to a Cyprus
fishing vessel, he prepares a relevant report
which he forwards to the master of the relevant
fishing vessel whom he calls to his defence and
has the power, if he finds it reasonably
necessary to do so, to prohibit the sailing of
the relevant fishing vessel in accordance with
the provisions of section 26-

(a)until any
conditions on board the relevant fishing vessel
which endanger the safety or health of the
seafarers of the fishing vessel are restored, or

(b)until the
seafarers of the relevant fishing vessel are
adequately rested.

Procedure for ordering the
prohibition of sailing.

26.-(1) A surveyor shall prohibit the sailing of
a ship by virtue of section 24 or of a fishing
vessel by virtue of section 25, by forwarding a
written instruction to the master of the
relevant ship or fishing vessel.

(2) Each instruction mentioned in
sub-section (1) is deemed enforceable upon its
communication to the master of the ship or of
the fishing vessel concerned and remains in
force up to its lifting by the surveyor in
accordance with the provisions of sub-section
(9) or cancelled, amended, or replaced as a
result of an objection or a hierarchical or
judicial recourse.

(3) In each instruction mentioned in
sub-section (1), its issuing surveyor-

(a)sufficiently, explicitly and
duly lays down the grounds for imposing the
prohibition of sailing and in particular -

(i)the
outcome of surveys on which the grounds imposing
the prohibition of sailing are founded, and

(ii)the
reasonable corrective measures which, to his
judgment, should be taken for the purpose of
lifting the causes for the imposition of the
prohibition of sailing· and

(b)informs the master, to whom the
instruction is forwarded-

(i)of theright provided in sub-section (6) to the
master, the operator of the ship or of the
fishing vessel, to which the instruction is
directed and to the representative within Cyprus
of the operator of the ship or of the fishing
vessel,

(ii)of the
right of the master, of the operator of the ship
or fishing vessel and of the representative
within Cyprus of the operator of the ship or
fishing vessel to exercise a recourse against
the instruction or issued decision of the
Director by virtue of sub-section (6) -

(A)bya recourse before the Member in
accordance with section 29, and

(B)by a recourse before the
Supreme Court, and

(iii)of the time-limit within
which the right under point (A) may be
exercised, as prescribed in sub-section (6) of
this section, section (9), section 29 of this
Law.

(4) The surveyor has the power to order,
through his instruction provided in sub-section
(1), the ship or fishing vessel concerned to-

(a)remain at a particular position, or

(b) move to a particular position and remain
there.

(5) The survey or shall communicate each
of his instructions provided in sub-section (1)-

(a)to the operator of the ship or
fishing vessel, to which the instruction
relates, and

(b)where the instruction concerns
a ship which is not a Cyprus ship, either to the
competent authority of the flag state of the
relevant ship or of the state with which the
relevant ship is registered either to the consul
of the relevant state or, in his absence, to the
nearest diplomatic representative of the
relevant state.

(6)(a) The master of a ship or fishing
vessel, to which the instruction provided in
sub-section (1) relates, the operator of the
ship or of the fishing vessel and the
representative within Cyprus of the operator of
the ship or fishing vessel, each have a right to
file an objection before the Director, within a
time-limit of 7 days from the communication of
the relevant instruction to the master.

(b) An objection submitted under paragraph (a) does not staythe execution of the disputed
instruction.

(c) Where an objection is submitted by virtue of paragraph (a), the
Director examines it without any undue delay,
and is entitled to hear the person submitting
the objection at his judgment and give him an
opportunity to submit in writing the grounds on
which the objection is based.

(d) The Director has the power to assign one officer of the Directorate
or more, to examine matters relating to the
aforementioned objection and expect them to
submit the outcome of such examination prior to
the issuing of his decision on the objection.

(e) The Director, within a time-limit of 3 days from the date of filing
of the objection, issues his decision on the
objection and forwards it to the person who has
submitted it, in which decision he-

(i)accepts in
whole or in part the objection, or rejects the
same and,

(ii)depending on
the case, cancels, amends, upholds or replaces
the disputed instruction, and

the decision of the Director is rendered
enforceable on its communication to the person
objecting.

(f) Where the Director adopted in part or rejects an objection submitted
under paragraph (a), his judgment on the
objection must contain sufficiently, explicitly
and duly the grounds on which it is based and
informs the person filing the objection-

(i)of his right
to exercise a recourse against the decision of
the Director-

(A)by a recourse before the
Member in accordance with section 29, and

(B)by a recourse before the Supreme
Court, and

(ii)of the
time-limit within which the right under point
(A) may be exercised, as prescribed in section
29 of this Law.

(7) Each of the master and operator of
the ship or fishing vessel, to whom the
instruction provided for in sub-section (1) has
been forwarded or communicated, shall during the
period of validity of the instruction, comply
with it and take all the necessary measures to
lift the causes for which the issuing surveyor
imposed the prohibition of sailing.

(8)(a) Where the master of a ship or of a
fishing vessel to whom the instruction provided
for in sub-section (1) has been forwarded
alleges to the Director that he has acted in
conformity to sub-section

(7), the Director ensures that a survey of the
relevant ship or fishing vessel is conducted at
the earliest possible, in order to ascertain
whether the causes for which the surveyor issued
the prohibition of sailing have been lifted.

(b) The expenses of each survey carried
out according to paragraph (a) bear the operator
of the surveyed ship or fishing vessel.

(9) Where a surveyor is convinced that
the grounds for imposing the prohibition of
sailing, by an instruction as provided in
sub-section (1), no longer exist, he recalls the
instruction by a written decision which he
forwards to the master and the operator of the
ship or fishing vessel, whom the recalled
instruction concerned.

(10)A master commits a criminal offence when-

(a)he attempts the sailing of a
ship or fishing vessel in contravention of a
prohibition of sailing in force and imposed on
the relevant ship or fishing vessel by virtue of
this Law, or

(b)contravenes an order in force
of the surveyor as provided in sub-section (4),

and is subject to imprisonment not exceeding 18
months or to a fine not exceeding five thousand
pounds or to both such sentences.

(11) The criminal offence provided in
sub-section (10) is also committed by the
operator of the ship or fishing vessel or any
other person who knowingly, assists or
co-operates in the commission of the
abovementioned criminal offence.

(12) A person commits a criminal offence
when -

(a)he files an objection by virtue
of sub-section (6) (a), which contains false,
inaccurate or misleading information, or

(b)submits any information, under
sub-section (6)(c), which is false, inaccurate
or misleading,

and is subject -

(aa)
in case of a first offence, to a sentence
of imprisonment not exceeding six months or to a
fine not exceeding two thousand pounds or to
both such sentences.

(bb)
in case of a subsequent offence, to a
sentence of imprisonment not exceeding twelve
months or to a fine not exceeding four thousand
pounds or to both such sentences.

(13) A person who contravenes or fails to
comply with an enforceable decision of the
Director under sub-section (6)(e) commits a
criminal offence and is subject to a sentence of
imprisonment not exceeding twelve months or to a
fine not exceeding five thousand pounds or to
both such sentences.

Unjustifiable delay of a
ship or fishing vessel.

27.-(1) During the exercise
of a power or performance of a duty -

(a)by a surveyor under section 21,22,24(3),
25 or 26,

(b)by the Director under section 24(2),

each of the abovementioned puts every effort in
order not to cause an unjustifiable prohibition
of sailing or delay of a ship or fishing vessel.

(2)(a) In case of an unjustifiable
prohibition of sailing or delay of a ship or
fishing vessel the operator of the ship or
fishing vessel affected is entitled to
compensation for any losses and damages incurred
by the actions or omissions of a public servant
of the federal government.

(b) In case of an allegation of an unjustifiable prohibition of sailing
or delay of a ship or fishing vessel, the burden
of proof lies with the operator of the ship or
fishing vessel who makes the allegation.

Administrative fine.

28.-(1) In case where the Director, based on the
outcome of a survey carried out by a surveyor
under section 21, has reasonable grounds for
believing that-

(a)the operator of a Cyprus ship or the master of
such ship does not fulfil any of his obligations
under Part II or under Regulations or notice
issued under this Law, or

(b)
the operator of a Cyprus fishing vessel
or the master of such vessel does not fulfil any
of his obligations under Part III or under
Regulations or notices issued under this Law,

the Director shall have the power to impose on
such person an administrative fine not exceeding
five thousand pounds, depending on the
seriousness of the contravention and
irrespective of whether or not there is a
concurrent case of criminal or disciplinary
liability by virtue of this Law, or any other
Law or Regulations.

(2) The Director imposes an
administrative fine by virtue of sub-section (1)
by a written and reasoned decision-

(a)which lays down the
contravention· and

(b)by which the
offender is informed-

(i)of his right under sub-section (4), and

(ii)of his right to exercise a recourse against
the decision-

(A)before the
Member in accordance with the provisions of
section 29, and

(B)before the
Supreme Court Supreme Court, and

(iii)of the time-limit within which the right
under point (A) may be exercised, as prescribed
in sub-section (4) of this section, section 29
of this Law· and

(c)
which he forwards to the offender.

(3) The Member has a power to prescribe
through his directions the criteria for
calculating the height of the administrative
fine imposed under sub-section (1), without this
restricting the discretion of the Director to
decide freely on the height of the
administrative fine imposed on the basis of the
real facts of the case.

(4) The offender is entitled to submit
representations to the Director against an
imposition of an administrative fine or against
its height, within a time-limit of five days
from the communication of the decision for the
imposition of an administrative fine to the
offender. Following any submission of
representations, the Director issues his
decision at the earliest possible and forwards
it to the offender.

(5) A person to whom an administrative
fine has been imposed has a duty to pay it to
the Director once a time limit of seventy five
days passes inactive-

(a)from the communication of the
decision imposing an administrative fine, or

(b)where representations are
submitted before the Director according to
sub-section(4), fromthe communication of the dismissing
decision of the Director on the representations,
or

(c)where a recourse is
brought before the Member under section 29, from
the communication of the dismissing decision of
the Member on the recourse.

Hierarchical Recourse.

29.-(1) The operator of a ship or fishing
vessel, his representative in the Republic and
the master of such ship or fishing vessel, each
have the right to file a written and reasoned
recourse before the Member regarding-

(a)an instruction of a surveyor on
the prohibition of sailing of a relevant ship or
fishing vessel,

(b)a decision of the Director on
an imposition of an administrative fine, or

(c)a dismissing decision of
the Director either on objections submitted
according to the provisions of section 26(6) or
on representations made according to the
provisions of section 28(4), decision which
concerns the relevant ship or fishing vessel,

within a time-limit of 30 days from the
communication of the decision to the person
bringing a recourse in accordance with the
provisions of this Law, of the instruction or
decisionon which the recourse is based.

(2) A recourse exercised under
sub-section (1) does not stay the execution of
the disputed instruction or decision.

(3) Where a recourse is brought by virtue
of sub-section (1), the Member examines it
without any undue delay, and is entitled, at his
judgment, to hear the person bringing a recourse
and give him an opportunity to submit in writing
the grounds on which the recourse is based.

(4) The Member has the power to assign
one officer of his Department or more to examine
matters relating to the aforementioned recourse
and expect them to submit the outcome of such
examination prior to the issuing of his decision
on the recourse.

(5) The Member, within a time-limit of 10
days from the date of filing of the recourse,
issues his decision on the recourse in writing
and forwards it to the person who has filed it,
decision with which he-

(a)accepts in whole or in part the
recourse, or dismisses the same and,

(b)depending on the case, cancels,
amends, upholds or replaces the disputed
instruction or decision, and

the decision of the Member in rendered
enforceable on its communication to the person
who has filed it, except where it concerns a
recourse against a decision issued by the
Director by virtue of section 28(1) or (4).

(6) Where the Member adopts in part or
dismisses a recourse submitted under sub-section
(1), his judgment on the recourse shall contain
sufficiently, explicitly and duly the grounds on
which it is based and informs the person filing
the recourse of his right to bring a recourse
against the decision of the Member before the
Supreme Court.

(7) A person commits a criminal offence
it -

(a)he files a recourse by virtue
of sub-section (1), which contains false,
inaccurate or misleading information, or

(b)submits any information, under
sub-section (3) which is false, inaccurate or
misleading,

and is subject-

(aa)
in case of a first offence, to a sentence
of imprisonment not exceeding six months or to a
fine not exceeding two thousand pounds or to
both such sentences, or

(bb)
in case of a subsequent offence, to a
sentence of imprisonment not exceeding twelve
months or to a fine not exceeding four thousand
pounds or to both such sentences.

(8) A person who contravenes or fails to
comply with an enforceable decision of the
Member under sub-section (5), which relates to a
recourse against an instruction of the surveyor
or a decision of the Director, regarding a
prohibition of sailing, commits a criminal
offence and is subject to a sentence of
imprisonment not exceeding twelve months or to a
fine not exceeding five thousand pounds or to
both such sentences.

Payment of survey expenses
and of an administrative or judicial fine.

30.-(1) In the event of a
failure or neglect of -

(a)the operator of the ship or
fishing vessel to pay the survey expenses, which
bear himself in accordance with section 26 (8)
(b) to the Director, or

(b)a person on whom an
administrative fine was imposed by virtue of
this Law, to pay such fine to the Director
within the time-limit provided in section 28(5),

the Director takes legal measures and collects
the amount due as a civil debt owed to Cyprus.

(2) Any of the following constitute a
charge on a ship or fishing vessel, which is
satisfied in priority over other creditors, but
follows in order of priority the last mortgage:

(a)survey expenses which bear the
operator of the ship or fishing vessel,
according to section 26(8)(b),

(b)administrative fine imposed to
the operator of the ship or fishing vessel, by
virtue of this Law, or

(c)fine imposed by a Court
by virtue of this Law to the operator of the
ship or fishing vessel.

(3) Where
-

(a)a prohibition of sailing has
been successfully reviewed before the Director
by virtue of section 26(6), or

(b)a prohibition of sailing or an
administrative fine imposed by virtue of this
law, have been successfully reviewed either
before the Member in accordance with the
provisions of section 29 or before the Supreme
Court,

the following apply:

(aa)
sub-sections (1) and (2)(a) and (b) do
not apply-

(i)in relationto any survey expenses which relate to
such prohibition of sailing, and

(ii)in relation to such
administrative fine·

(bb)
the Director returns any sum of the
aforementioned expenses and administrative fine
paid, to the person who has paid such.

Administrative cooperation.

31. Section 21 of the Federal Law on the
Merchant Shipping (Port State Control), applies
for the purposes of this Law, as if section 21
had been amended as follows:

(a)the phrase “the competent
authority”, where it appears, had been replaced
by the phrase “the Director”·

(b)the term “ship, where it
appears and in any grammatical variation, had
the meaning attributed to this term by the this
in the term “seaworthy ship”.

Publishing information.

32.
Section 15 of the Federal Law on the Merchant
Shipping (Port State Control) applies on
information relating to measures taken with
respect to ships which are not Cyprus ships on
applying section 22 or 24 of the present Law, as
if the said section 15 had been amended as
follows:

(a)the phrase “the competent
authority”, where it appears, had been replaced
by the phrase “the Director”·

(b)the term “ship, where it
appears and in any grammatical variation, had
the meaning attributed to this term by this Law
in the term “seaworthy ship”.

(c)the phrase “or the
mooring at a port of Cyprus”, in sub-section
(1), had been deleted.

PART V— MISCELLANEOUS
PROVISIONS

Court jurisdiction in civil actions.

33. The Supreme Court is the competent Court for
resolving any civil dispute connected with a
Cyprus ship or a Cyprus fishing vessel.

General criminal offences.

34.-(1)(a) A master and operator of a ship or
fishing vessel who acts in contravention to or
fails to conform with an obligation imposed my
Part II or III, for which Part II or III does
not provide for any other offence, each commit a
criminal offence and are subject to an
imprisonment not exceeding twelve months or a
fine not exceeding four thousand pounds or to
both such sentences.

(b) In criminal proceedings commenced under
paragraph (a), it shall be a defence for the
accused to prove that-

(i)He had taken all reasonable
measures to ensure conformity with his
obligation relating to the alleged commission of
the criminal offence, or

(ii)He acted within the framework
of an allowed by or by virtue of this Law
deviation of the obligation which relates to the
alleged commission of the criminal offence.

(2) A person who wilfully obstructs or
impedes the Director, any surveyor or other
officer, during the exercise of his powers or
performance of his duties, by virtue of this Law
or the Regulations issued under it, or through
any gratuity or bribe, promise or other
incentive inhibits or intends to inhibit any
such person from duly exercising his powers or
performing his duties, by virtue of this Law or
the Regulations issued under it, commits an
offence and is subject to-

(a)a sentence of imprisonment not exceeding
six months or a fine not exceeding three
thousand pounds or to both such sentences;

(b)in case of a subsequent offence, to an
imprisonment not exceeding twelve months or a to
fine not exceeding four thousand pounds or to
both such sentences.

(3) Where a criminal offence is committed, by
virtue of this Law or the Regulations issued
under it, by a legal person or by a person
acting on behalf of a legal person and it is
proved that it had either been committed with
the consent or complicity or approval or that it
had been facilitated by the negligence of its
natural person who, at the time when the
criminal offence had been committed, he held the
position of a member, director, secretary or
similar position in the legal person or appears
to be acting in that capacity, the said natural
person is guilty of the same criminal offence
and is subject to the sentence provided in
respect of this offence.

Criminal prosecution only
with the consent of the Attorney-General.

35.No
criminal proceedings shall be commenced under
this Law without the consent of the federal
Attorney-General.

Amendment of Schedules of the present Law and of Regulations.

36. The Member has the power to amend by notice any
Schedule of this Law and any Schedule of any
Regulations issued therein.

Publication and entry into
force of Orders of the Member.

37. Every notice, granted by the Member by virtue
of the present Law, is published in the Gazette,
and unless otherwise provided, shall enter into
force on the date of its publication in the
Gazette.

Power to issue regulations.

38.-(1) The Presidential Council has the power to
issue regulations published in the Gazette for
the more effective operation or implementation
of this Law or for the determination or
regulation of any matter relating to the
organisation of working time of seafarers or any
other related matter.

(2) Without prejudice to the generality of
subsection (1), the regulations issued in
accordance with the present section may create
an offence due to breach or omission to comply
with any of their provisions, and may provide
for sentences and administrative fines as
punishment for the commission of such offences.

(3)
The regulations issued in accordance with the
present section shall enter into force on the
date of publication of the Regulations in the
Gazette, unless otherwise provided therein.

[1]Reference
based on the provisions of Annex III, Attachment
6 (p. 70 of Revised U.N. plan).